CONTENTS
General Instructions
Section A Organization, Accounting Practices, Markets and Merchandise
Section B Not Applicable
Section C Sales to the United States
Section D Factors of Production
Section E Cost of Further Manufacturing Performed in the United States
Appendix I Glossary of Terms
Appendix II Instructions for Submitting Computer Data
Appendix III Description of Products Under Administrative Review
Appendix IV Forms for Company Official Certification and Certificate of Service
Appendix V Reconciliations
Appendix VI Factors of Production, Market-Economy Purchases, By-Product or Co-Product Offsets, and Surrogate Values Spreadsheets
Appendix VII Sample Chart of Affiliation Structure
Appendix VIII Certification Regarding Photocopies
Appendix IX Sigma Freight
G-9
GENERAL INSTRUCTIONS
Note: The latest antidumping questionnaires, antidumping procedures manual, which provides guidance useful for calculating much of the information requested below, and relevant laws and regulations can be found at the following links:Antidumping Questionnaires
http://ia.ita.doc.gov/questionnaires/questionnaires-ad.html
Antidumping Procedures Manual
http://ia.ita.doc.gov/admanual/index.html
Laws and Regulations
http://ia.ita.doc.gov/regs/index.html
This nonmarket economy questionnaire requests information for the United States Department of Commerce (“Department”) to determine whether your company dumped the subject merchandise in the United States.[1] Dumping is the sale of merchandise to the United States at prices below the normal value of the merchandise. If you have questions, we urge you to consult with the official in charge named on the cover page. If for any reason you do not believe that you can complete the response to the questionnaire by the date specified on the cover page of this questionnaire, or in the form requested, you should contact the official in charge immediately.
Your response to the questionnaire should include all of the information requested. It is essential and in your interest that the Department receive complete information early in the proceeding to ensure a thorough and accurate analysis and to provide all parties the fullest opportunity to review and comment on your submission and the Department's analysis. Moreover, as a respondent, your company must wholly and fully participate in this administrative review. In other words, a respondent must respond to all information that has been requested by the Department and not selectively choose which requests to respond to or which information to submit. It cannot fully participate in one aspect of the review, while simultaneously failing to provide complete, accurate and verifiable data with respect to other required elements of that review. We appreciate your cooperation in this review.
This administrative review will be conducted on a schedule dictated by law. If you fail to provide accurately the information requested within the time provided, the Department may be required to base its findings on the facts available. If you fail to cooperate with the Department by not acting to the best of your ability to comply with a request for information, the Department may use information that is adverse to your interest in conducting its analysis.This questionnaire consists of the following sections:
Section A requests information about your organization and accounting practices, and general information regarding sales of the merchandise under administrative review.
Section B Not Applicable
Section C requests information about the U.S. market, including a sales list and other data necessary to calculate the price in or to the U.S. market.
Section D requests information about the factors of production of the merchandise sold in or to the United States.
Section E requests information about further processing in the United States prior to delivery to unaffiliated U.S. customers.
I. Instructions for Filing the Response
The following instructions apply to your response to this questionnaire and all other documents you submit to the Department during the course of this proceeding, such as responses to additional questionnaires, extension requests, and case briefs.
A. Due Date
1. All submissions must be made electronically using the Department’s IA ACCESS website at http://iaaccess.trade.gov. If an exception to the electronic filing requirement applies, you must address and manually submit your response to the address indicated on the cover page of this questionnaire. To determine if your response qualifies for manual filing, see the section on “Manual Filing” below. All laws, regulations, and other descriptive materials that supplement your responses should be submitted on the same date as the initial response.
2. The business proprietary response should be submitted on the day specified on the cover page of this questionnaire. The public version of the response may be filed one business day after the proprietary response.
3. An electronically filed document must be received successfully in its entirety by IA ACCESS by 5 p.m. Eastern Time (ET) on the due date, unless an earlier time is specified. Where applicable, a submitter must manually file a document between the hours of 8:30 a.m. and 5 p.m. ET on the due date, unless an earlier time is specified.
B. Format
1. You are required to state in the upper right-hand corner of your cover letter the following information in the following format:
a. on the first line, indicate the case number stated on the cover page to this questionnaire;
b. on the second line, indicate the total number of pages in the document including cover pages, appendices, and any unnumbered pages;
c. on the third line, indicate the specific segment of the proceeding, (e.g., investigation, administrative review, scope inquiry, suspension agreement, etc.) and, if applicable, indicate the complete period of review (MM/DD/YY - MM/DD/YY);
d. on the fourth line, indicate the Department office conducting the proceeding;
e. on the fifth and subsequent lines, indicate whether any portion of the document contains business proprietary information and, if so, list the page numbers containing business proprietary information; and indicate the business proprietary/public status of the document and whether you agree or object to release of the submitted information under administrative protective order (APO) by stating one of the following:
· “Business Proprietary Document -- May Be Released Under APO,”
· “Business Proprietary Document -- May Not Be Released Under APO,”
· “Business Proprietary/APO Version-- May Be Released Under APO,” as applicable,
· “Public Version,” or
· “Public Document.”
2. Please include a “Re:” line on the cover letter of your response, or any other submissions you make during this proceeding. In the Re: line, briefly summarize the purpose of your submission, e.g., “response to questionnaire,” “case brief.”
3. Prepare your response in typed form and in English (see 351.303(d) and (e) for these and other formatting requirements). Include an original and translated version of all pertinent portions of non-English language documents that accompany your response, including financial statements.
4. Repeat the question to which you are responding in your narrative submission and place your answer directly below it. The Department will provide an electronic version of this questionnaire for your convenience.
5. Please respond to each question. If a particular question does not apply, please state so and explain why in your response. Failure to do so could lead to the use of adverse inferences for that particular question.
6. In each of your answers, please identify your source of information. Please include with your response copies of source documents necessary to understand your response. For additional information sources not included in your response, indicate the location where the documents or electronic data systems are maintained. If information is maintained at multiple locations, please list in an appendix to your response these locations along with notes indicating the information maintained at each location. This information is used by the Department to prepare for verification.
7. Include all worksheets, financial reports, and other requested documents as appendices to your response.
8. Provide a table of attachments. Assign a number to each attachment and include a descriptive name for each attachment and its number in the table.
9. All monetary amounts should be shown in the currency in which they were originally denominated, and in the currency in which they are registered in your accounts (if the two are different). Also, report the actual exchange rate used for a particular conversion. For all values adjusted for inflation, please provide the data in both nominal and adjusted terms and explain how these values were adjusted.
Identify all units of measurement, currencies, and conversion factors used in your narrative response, worksheets, or other appendices. For electronic databases submitted in antidumping proceedings, you must complete Appendix VII, which is a template providing a standard format for reporting the units of measurement, currencies, and conversion factors. Please complete a separate template for each database submitted (home market sales, U.S. sales, cost, etc.) and be sure to provide the requested data for each numerical field in the database. In addition, for antidumping proceedings, please refer to Appendix II (not included for CVD proceedings), which includes additional information for submitting databases.
10. It is your responsibility to contact the official in charge if subsequent to your filing there are events that affect your response (e.g., changes in your cost accounting system are relevant to antidumping proceedings, and changes as a result of an audit are relevant to both antidumping and CVD proceedings).
C. Manual Filing
1. All submissions must be filed electronically. Only under the following four circumstances will the Department accept a hardcopy response that is manually filed:
· Documents exceeding 500 pages in length may be filed manually (in paper form) in the APO/Dockets Unit. This is referred to as a “bulky document.”
· Data files greater than 20 MB must be filed manually on CD-ROM or DVD.
· If the IA ACCESS system is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour between 12:00 p.m. and 4:30 p.m. ET or for any duration of time between 4:31 p.m. and 5:00 p.m. ET, then a person may manually file the document in the APO/Dockets Unit. The Department will provide notice of such technical failures on the IA ACCESS Help Desk line at 202-482-3150 and on the IA website, which is http://www.trade.gov/ia/.
· Apart from the above, if you are unable to comply with the electronic filing requirement, as provided in § 351.103(c) of the Department’s Regulations, and in accordance with section 782(c) of the Tariff Act of 1930, as amended (the Act), you must promptly notify the official in charge and submit a full written explanation of the reasons you are unable to file the document electronically. You must also suggest alternative forms in which to submit the information. The Department will consider the ability of a submitter and may modify the electronic filing requirement on a case-by-case basis.
2. All manually filed documents must be accompanied by a cover sheet generated in IA ACCESS. For manually filed bulky documents, separator sheets must also be generated and used.
3. If your response qualifies as a bulky document and you opt to file it manually, you must file two identical paper copies of the document. For all other authorized manual submissions, only one paper copy is required.
4. Manual submissions must be addressed and submitted to:
Secretary of Commerce
APO/Dockets Unit
Room 1870
U.S. Department of Commerce
Fourteenth Street and Constitution Avenue, N.W.
Washington, D.C. 20230
Attn: Import Administration
AD/CVD Operations, Office (specify office number indicated on the cover page of this questionnaire)
D. Certification
1. Submit the required certification of accuracy. Providers of information and the person(s) submitting it, if different (e.g., a legal representative), must certify that they have read the submission and that the information submitted is accurate and complete. The Department cannot accept questionnaire responses that do not contain the certification statements. Forms for such certification are included as appendices to this questionnaire. You may photocopy this form and submit a completed copy with each of your submissions.
2. Provide the required certificate of service (included as an appendix) with each business proprietary document and public version submitted to the Department.
3. Signed certifications of accuracy and certificates of service should be scanned and appended to the appropriate electronic documents filed in IA ACCESS.
E. Business Proprietary Information and Summarization of Business Proprietary Information
1. Request business proprietary treatment for information submitted that you do not wish to be made publicly available. As a general rule, the Department places all correspondence and submissions received in the course of an antidumping or countervailing duty proceeding in a public reading file. However, information deemed to be proprietary information will not be made available to the public. If you wish to make a request for proprietary treatment for particular information, refer to sections 351.304, 351.305, and 351.306 of the Department’s regulations. You must submit the request for proprietary treatment at the same time as the claimed business proprietary information is submitted to the Department.
2. Utilize the “one-day lag rule” under section 351.303(c)(2) of the Department’s regulations if you wish an additional day to review the final bracketing of business proprietary information in a document and to prepare the required public version. The filing requirements under the one-day lag rule provide for a party to file only the business proprietary document within the applicable time limit (section 351.303(c)(2)(i)). By the close of business one business day after the date the business proprietary document is filed, the person must file the complete final business proprietary document (section 351.303(c)(2)(i)(ii)). The final business proprietary document must be identical to the original document except for any bracketing corrections.
3. By the close of business one business day after the date the business proprietary document is filed (refer to the “one-day lag rule” in the preceding paragraph), submit the public version of your response (section 351.303(c)(2)(i)(iii)). A public version must contain:
(1) a non-proprietary (public) version of your response that is in sufficient detail to permit a reasonable understanding of the information submitted in confidence, and/or
(2) an itemization of particular information that you believe you are unable to summarize. State the reasons why you cannot summarize each piece of information.
Please note: The summarization requirement does not apply solely to the narrative portion of your response. It applies equally to worksheets and other appendices to your response, and even to sales and cost databases submitted in antidumping proceedings. Generally, numerical data , such as that provided in sales and cost databases in antidumping proceedings, are adequately summarized only if grouped or presented in terms of indices or figures ranged within 10 percent of the actual figure. If a particular portion of data is voluminous, use ranged figures for at least one percent of the voluminous portion.